The Investigative Questions Come First

Before describing the devices or data you want examined, identify the specific questions the examination is meant to answer. What are you trying to establish — or refute? Was a file accessed on a particular date? Were communications authentic? Did an employee copy data before departing? Was an image manipulated?

A well-scoped examination is organized around specific evidentiary questions, not a general instruction to "examine everything." Examiners who examine everything produce reports that say very little about anything in particular — and cost significantly more.

What to Provide

When initiating contact, include the following:

What Not to Include in Initial Contact

Do not include privileged case details in initial contact before a conflict check has been completed and an engagement letter executed. The matter type, a general description of the devices or data, and your questions are sufficient to assess whether the engagement is appropriate and to begin scoping.

What Happens Next

With this information, a written scope of work and budget estimate can be prepared for your review. No billable work begins until you have approved the scope and budget in writing. The engagement letter is executed after that approval — not before.